The European Commission has introduced the Regulation (EU) 2016/539 on the 6th of April 2016 amending the Regulation (EU) n° 1178/2011 as regard to pilot training, testing and periodic checking for performance based navigation. By adopting the Regulation (EU) 2016/539 the article 4a has been added to the Regulation (EU) 1178/2011 which by the 25th of August 2018 makes mandatory for all the IR pilots to have PBN privileges in order to fly on RNP/RNAV routes and approaches.
However such requirement may result in an anomaly between the pilot privileges required and the necessary aircraft capability. In addition many pilot(s) cannot be qualified for PBN due to no available appropriately qualified FSTDs and/or aircraft for the type(s) of aircraft to undergo the required RNP approach training and checking.
Considering that, as defined in the DOC ICAO 9613,designated airspaces for PBN operations are also defined by the area navigation 5 (RNAV5) and area navigation 1 (RNAV1) that are fully compliant with the relevant regulations and have no additional limitation as specified in the operator’s documentation, a gap between the article 4a and the capability of many aircraft has emerged.
In order to prevent that such a gap could put certain operation(s) at disadvantage without any safety or regulatory justification, ENAC has submitted for an exemption in accordance with Article 14 (4) of Regulation (EC) No 216/2008 with regard to deferring the applicability of Article 4a paragraph 1 on Performance-based Navigation (PBN) instrument rating privileges in Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011 for pilots holding CPL/MPL/ATPL licences and instrument ratings (IR) who operate on behalf of CAT or NCC operators using aircraft that are not currently required to fulfil airworthiness requirements for full PBN operations (specifically RNP1, A-RNP, RNP-APCH, RNP AR-APCH, RNP 0,3). This exemption will allow pilot(s) of an operator whose aircraft do not fulfil all airworthiness requirements as mentioned above to continue to operate on PBN routes, without complying with Article 4a point 1 of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/2011. These PBN routes are limited to designated airspaces area navigation 5 (RNAV5 basic area navigation, B-RNAV)) and area navigation 1 (RNAV1 (P-RNAV)) only. The duration of the exemption is limited to 25 August 2020.
Operator(s) with ENAC issued licence pilots who cannot be qualified for PBN due to no available appropriately qualified FSTDs and/or aircraft for the type(s) of aircraft to undergo the required RNP approach training and checking can apply to ENAC to obtain the above mentioned exemption.
The operator should use its letter head and specify the names of the pilots, their licence number, reason for requesting the exemption, details of completion of relevant training (initial and recurrent, as applicable) and checking for the PBN part specified in the operator’s documentation, any other mitigation measure as agreed with the operator Competent Authority in charge of oversight.
Such request should be sent via certified mail at firstname.lastname@example.org if have a certified mail only, alternatively the following address can be used email@example.com. In order to expedite the process of extending the exemption, use as subject of the mail the following: PBN EXEMPTION REQUEST. Please allow 10 working days for completion of the process.